1-10 of 37 results
Heralding in a new era – PNG's arbitration regime
The Papua New Guinea National Parliament recently passed legislation that offers a revamped and modern legal framework to entities seeking to resolve their domestic and/or international commercial disputes through arbitration. ...
Investor-State dispute settlement under the Korea-Australia Free Trade Agreement
In a shift from the previous Australian Governments position a free trade agreement between Korea and Australia which was recently concluded by the new Coalition Government will include investor-state dispute settlement clauses ...
Arbitration Insights December 2022
In this edition of Allens Arbitration Insights, we look at recent major developments in global arbitration, recent Australian court decisions, and more. ...
Tesseract v Pascale - a welcome default position on proportionate liability in arbitration
Whether proportionate liability regimes found in State and Commonwealth legislation can apply in arbitration has long been a vexed issue. ...
Arbitration Insights July 2022
In this inaugural Arbitration Insights, we look at the amended ICSID rules, recent decisions of the NSW Supreme Court and the Federal Court, and more. ...
Multi-tiered dispute resolution clauses – when does an arbitration agreement become 'operative'?
A recent decision of the New South Wales Supreme Court considered a multi-tiered dispute resolution provision that required negotiation and expert determination before a party could refer a dispute to arbitration. In a move away from earlier authorities, the court found that the agreement to arbitrate in such a clause was 'operative' even if the negotiation and mediation steps had not yet been satisfied. The decision takes a broad view of when Australian courts must refer disputes to arbitration. ...
When enforcement cannot undermine the confidentiality of arbitration
The decision highlights the court’s pro-arbitration stance and the value it places on respecting confidentiality arrangements agreed between parties in private arbitration. ...
Investor state arbitration and the environment: preparing for change in 2021 and beyond
The overlap between international investment and environmental protection is expanding, eg with environmental protection provisions featuring in recent International Investment Agreements (IIAs) and international Free Trade Agreements (FTAs), and environment-related investor-state disputes. ...
Internal emails, multiple recipients and the question of privilege
The recent decision of TEC Hedland Pty Ltd v The Pilbara Infrastructure Pty Ltd indicates that, for the purpose of assessing whether privilege can be claimed, multi-addressee emails will be considered as a number of separate communications between the sender and each recipient. ...
Arbitration agreements – don’t play chicken with imprecise drafting
The decision in Inghams Enterprises Pty Ltd v Hannigan [2020] NSWCA 82 found that a dispute was improperly referred to arbitration because the claim for unliquidated damages was not a dispute that fell within the scope of the arbitration agreement. This decision highlights the importance of precise drafting for all dispute resolution clauses. ...